2007 (12) TMI 352 - AT - Central Excise

Summary

Issues:
Interpretation of Rule 57AB of the Central Excise Rules regarding Cenvat credit on inputs, discrimination between exempted and dutiable goods, limitation period for demand of duty.

Analysis:
The case involved a dispute regarding the denial of credit on Special Additional Duty (SAD) lying in stock as of a specific date due to the goods being considered dutiable. The appellant argued that since the inputs had suffered SAD, they were entitled to avail the credit, and the authorities' interpretation of the rules created discrimination between exempted and dutiable goods, which was not legally permissible. The appellant also contended that the demand for duty was time-barred as the notice was issued beyond the normal limitation period. The appellant relied on precedents to support their arguments.

The Revenue, represented by the Departmental Representative (DR), supported the findings of the Commissioner (Appeals) and argued that the relevant date for the demand of duty should be based on the date of filing the return after the amendment of Section 11A in 1995.

Upon considering the arguments from both sides and examining the records, the judge found that Rule 57AB (1A) allowed for the utilization of credit on inputs in specific circumstances. The judge dismissed the appellant's claim of discrimination in the interpretation of the rules, stating that there was no discrimination in Rule 57AB. Regarding the limitation period for the demand of duty, the judge agreed with the DR that the relevant date for excisable goods should be based on the date of filing the return, as per the amended Section 11A. In this case, the appellant availed credit and filed the return within the specified time frame, and the notice was issued within the limitation period. Consequently, the judge upheld the decision of the Commissioner (Appeals) and rejected the appellant's appeal.

The judgment was delivered on 4-12-2007 by Shri P.K. Das, J.